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Home My WebLink About810595.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 509 - RINE DURAN, ET AL. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public hearing held on the 19th day of August, 1981 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 509, being the property of Rine Duran, et al, described as part of Section 33, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : All that part of the Southeast Quarter Northwest Quarter and the Northeast Quarter Southwest Quarter laying South of the centerline of the Cache La Poudre River and North of the centerline of the Greeley #3Ditch. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1A (3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Rine Duran, et al. , be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, to be effective August 25, 1981. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D. , 1981. 810595 Page 2 RE: Recorded Exemption #509, Rine Duran, et al. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i�k rel rC' ma (Aye) Ch ck Cararlson�Chairman Absent date signed (Aye) Norman Carlson, Pro Tem t2/ a.2..L ' (Aye) C. W. Kirby T r � s ft (A e) T. Martin Gt• ` e) ne K. Steinmar ATTEST: 1117 44,4,404/t;J WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD = (L loll Deputy County Clerk APPROVED AS T,O FORM C(.y✓' (/ 7 � County Attorney August DATE PRESENTED: A ug 24, 1981 810595 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 11111DAugust 19, 1981 C. COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #509 Dear Commissioners: The attached application, plat and related items are in reference to a request by Rine Duran, et al, for a recorded exemption. The parcel of land is described as part of the W1, Section 33, T6N, R66W of the 6th P.M. Weld County, Colorado. This property is located north of JB Acres directly east of 71st Avenue. The property contains approximately 49 acres of Class IV and VI, both irrigated and nonirrigated soils in the Agricultural Zone District. The request is to split the property into parcels of 11 acres and 37 acres, more or less. The proposed Lot A may be used as a residential building site in the future for Mary Jane Duran Blietz, Rine Duran's sister. Rine presently resides on Lot B. Based upon the information submitted and the adopted policies in the County, the Department of Planning Service's staff recommends the request be approved for the following reasons: 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses, residential development will be encouraged to located adjacent to existing towns and in accordance with the comprehensive plans and stated wishes of each community. This parcel of land is located within the comprehensive plan of the city of '. Greeley. The city of Greeley has no objections to this request. 810595 Board of County Commissioners August 17, 1981 Page 2 2. The request is in compliance with the agricultural policies of the Weld County Comprehensive Plan in that developments that utilize nonproductive agricultural land will be encouraged. Soils on this parcel are Class IV and VI soils and have a low utility for agricultural production. 3. For the reasons discussed above, the request is in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states: "The intent in establishing the recorded exemption procedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby nonproductive agricultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agricultural uses in areas where land divisions are proposed (Rev. 4-17-74) ." The residential use of this parcel is in compliance with the intent clause of the recorded exemption procedure because said parcel does not contain prime agricultural land and is located within the comprehensive plan area of the city of Greeley. The residential use would appear to be compatible with the surrounding agricultural and residential uses. The subject parcel does lie within the regulated floodplain of the Cache La Poudre River. The designated floodplain does not preclude development; however, but does provide specific guidelines for protection from flooding impacts. Respectfully, AAr_0 Yv‘cr.p, re_ - `l c•‘., , Thomas E. Honn Zoning Administrator TEH:rjg 8?0595 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : o 2 (CO 50 APPL . FEE egg /182 CASE G0 . RECORDING FEE 4 ° c/5 ZONING D STRIC RECEIPT NO . DATE APPL . CHECKED BY of ,�tnnxQ2�j v TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : + N �,W,'y i NV) ` Qi,a �� h� �� ly I- uk� V\�L. C. , O' iVV\ ay;"9 �o�k� od �h� c�,��l;n.� o � c> r,c� i'eck� � aN\ Q-7\ .nom �hsi Gu��tc.l 3 D; ck. • Lot " B" 31. 339 ; Total W� ACREAGE : Lot "A" 11. loft, ��c, ; Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No Are there any existing improvements on Lot AB? Yes No Yes No FEE OWNERS OF PROPERTY : Name : �Qr�l�t�"�� \\ Address-itoplyTik{ Qy-2. Phone X53-(aSi`t Name : n, `U� � � \.kZ Addresseoci_Lo..0a,L Phone .35(o-a(cri N l, 11�ura�� Address Phone Name : �� "A" & • Lot " B" ��. \ U'c�lt\ WATER SOURCE FOR: Lot N, lu+ < �� ; TYPE OF SEWER FOR: Lot "A" €�0 0� -. a"_u-n_P�—�,X; Lot "B" ,,p)V;C PROPOSED USE FOR: Lot "A" Qo\; Xtnea ; Lot "B" I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) 0,�,, o ulfw\ STAATEE OF COLORADO ) 'N Signaturvr or Authorized ent a 19%i Subscribed and sworn to before me this 23 day day of w�.+. > SEAL Ck ct. Notary Public ice, My Commission expires Feb. 13, vas Commission expires : My ?( 810595 y .. p ,._` j• ^.. "SAY. 2' ♦ µr' + ., )f� 1. at%e -_ 1\' y, 1 4 M Y 4 }Y C„ �N ` 't+ fi. I1a.• • Y xa ''S I nM. . � „c y 6 M • d *yty:P ,M. x�fs<, et'fa.. .k •4. ex w K a ` •' ' .last„„ .r i'Y �.�1! 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NEW NO. 1 IRRIGATED NON -- IRRIGATED l 810595 ?' May 18, 1981 Department of Planning Services 915 10th Street Greeley, Colorado 80631 III Attention: Mr, Tom Honn III Re: Application for recorded Exemption Ernest Duran Sr. Estate 760 N. 71st. Ave. Greeley, Colorado Dear Sir: I would like to take this time to explain the reason I am seeking approval on the Recorded Exemption on the above address. Due to the death of my father, Ernest Duran Sr., myself and my five brothers and sisters have had to dispurse his assets, The farm located at 760 Ne 71st. Ave. is to be divided between myself and my brother, Rine Duran, as our portion of the asset settlement. I would also like to state that because the property is located on !I the north boundry of J.B. Estates, which was recently annexed by the City of Greeley, the potential for intense sub—division is very minimal due to the location. I met with Mr. Sam Sasaki of the City of Greeley and we reviewed the possibility of future annexation. His opinion was that because the' said property was located on the flood plain there would be minimal interest. Therefore, I- feel the split in the said property would not cause a problem for either the county or the city of Greeley. Attached are the items required in the Procedural Guide for recorded exemption 1. "Exhibit A" Plat on land division 2. "Exhibit. B" Certificat&on land transfers 3e "Exhibit C" Letter —adequate water supply 4. "Exhibit D" letter—sewage disposal system 5. "Exhibit E" Copy of deed I will he awaiting the final decision from the commissioners. I again thank you for the time you spent on this matter. Respectfully yours, !. Mary Jane Duran Blietz V 1309 40th Ave. Greeley, Colorado (303) 356-2696 Six Thousand One — West Tenth Street • Greeley, Colorado 80631 • Telephoner (303) 356-26 X0595 >37 BOARD OF DIRECTORS ^ ' 1'°�,/� ERNEST TI GOES St r. . �- NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE tori,r� L� HIGHWAY 85 LUCERNE, COLORADO 80848 a GARY SIMPSON `Ii,,'i`yi� TOM REED -, LVLE NELSON. MGR. P.O. BOX 66 - PHONE 356-3020 April 28 , 1981 RE: Water Service Ernest Duran , Sr . , Estate Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : Sec. 33-6-66 1 . X Water service is presently being provided to the above described property . 2 . X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within nne year from date of this In++°r, this letter shall become null and void. Additional comments : Sincerely, NORTH WELD COUNTY WATER DISTRICT yle D . Nelson, Manager LDN/rMc 810595 Weld County Health Department BOARD°FHEALTH Fran Christensen, Eaton A M Dominguez, Jr., JD, Grosse) 1515 HOSPITAL ROAD Robert Drennan, PhD.Greeley John P. Cullen, M.D. Annette M Lopez, Greeley GREELEY, COLORADO 80631 Kathleen Shaughnessy, PIMN Ault Acting P.Medical Director (3031 353.0540 Lois Smoe. FNP, Ft Lupton Arthur G Watson, Platteville April 6, 1981 David Werking.DDS.Greeley .-r r,�� John M. Wheeler. Greeley ,l '_ rl Mary Jane Duran Blietz Iyy 061981 IA6001 W. 10th Streetl Greeley, CO 80631 Re: Inspection of Property at 760 N. 71st Ave. Dear Mrs. Blietz, On May 4, 1981 an inspection was conducted on the property located at 760 N. 71st Ave. . The inspection and soils maps both showed the possibility of a high ground water table and possible flooding of the area. The installation of a standard individual sewage disposal system on the property at 760 N. 71st Ave. does not appear to be feasible. However, this does not preclude the possibility of installing another type of individual sewage disposal system, •for example, an evapotranspiration bed. This inspection was general in nature and more detailed soils analysis, ground water check, etc. , would be required to fully evaluate the property. If you have any questions, please feel free to contact our office. Sincerely, 8 Byron Howell, Specialist Environmental Health Service BH:pp 810595 K REFERRAL LIST APPLICANT: Rine Duran CASE NUMBER: RE-509 SENT REFERRALS OUT: July 28, 1981 REFERRALS TO BE RECEIVED BY August 13, 1981 U) U) z z cn o m o z ri z H O 6 m - O 6 H W H H U i U U 2 0 0 U Z 0 h W vwi W k., W O U O d+ 0 00 WW. W U W U Z CO a Z Z U) a Z �/ County Attorney (plat only) Greeley Irrigation Company XX c/o Mary A. Putnam Weld County Health Department 525 North 35th Avenue XX Greeley, Colorado 80631 Engineering Department / / XX County Extension Agent Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 City of Greeley Planning Dept. c/o Ken McWilliams City Complex Greeley, Colorado 80631 810595 1( RECORDING DATA — MAPS & PL. _ NAME OF SUBDIVISION RcdEx#0805-33-3-RE509 NAME OF SUBDIVIDER Rine Duran - All that part of the SE4 NW4 and the NE4 SW4 laying South of the LOCATION OF SUBDIVISION centerline of the Cache La Poudre River and North of the centerline of the Greeley #3 Ditch. DATE OF RECORDING AUG 26 1981 BOOK 945 RECEPTION # 186742'7 MARY ANN FEUERSTEIN WELD C NTY CLE LE K AND RECORDER al D P Y COUNTY CLERK & RFC DER S iUU&J Hello